HomeMy WebLinkAbout25 - Fire CodeCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 25
January 11, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Fire Department
Mike Morgan, Fire Chief, 644 -3101
mmoroan(cDnbfd.net
SUBJECT: Amendment of the Newport Beach Municipal Code, Title 9; Fire Code
RECOMMENDATION:
1. Conduct a public hearing:
2. Introduce Ordinance No.
An ordinance of the City Council of the City of Newport Beach amending the
Newport Beach Municipal Code Title 9, Chapter 9.04 (Fire Code), by amending
Sections 9.04.040, Section 9.04.050, Section 9.04.060, Section 9.04.070, and
Section 9.04.120.;
3. Pass to second reading on January 25, 2011.
DISCUSSION:
This is a request to update Title 9 of the Newport Beach Municipal Code by amending
the 2010 Fire Code which was adopted on January 1st, 2011, by the Newport Beach
City Council.
The eight Amended Sections, 9.04.50 through 9.04.120, listed on the attached
summary, are being proposed in order to maintain consistency with the Building Code.
Two amendments, to Section, 9.04.040, are recommended revisions to the current fire
code and are being proposed to clarify the intent of the existing regulation. One
amendment, to Section 9.04.040, is proposed to move language from a fire department
guideline into the body of the code for enforcement purposes. This regulation prohibits
vegetation within 10 feet of a chimney outlet.
All of the aforementioned amendments were reviewed at a code user group workshop,
which included architects, builders and other interested shareholders. No major issues
were raised, nor any of the amendments opposed by workshop participants.
Amendment of NBMC Title 9, Fire Code
January 11, 2011
Page 2
In addition to the amendments being presented to council for adoption at this time, the
fire department also reviewed seven existing amendments related to building
construction with the code user group. There were no recommendations to delete or
modify these existing amendments by the participants.
Prepared by: Submitted by:
""Z' A-
Ron Gamble Mike Morgan
Fire Marshal Fire Chief
Amendment of NBMC Title 9, Fire Code
January 11, 2011
Page 3
New Local Amendments
NBMC Section
CFC Section
Title
Action
Comments
9.04.040
305.5
Vegetation
New
Requires a 10' clearance from
recreational fires,
a chimney outlet
9.04.050
508.1
Fire Command
New
Fire Command Center
Center General
required for buildings 55 ft
9.04.040
318
Geological
Revises
above or more than 30 ft
surveys
existing
below the lowest level of fire
department access.
9.04.060
611
Solar Photovoltaic
New
Requires systems to comply
Systems
with the NBFD guideline
9.04.070
903.2.8
Group R
New
Establishes thresholds for the
Sprinklers
addition of fire sprinkler
systems in homes when the
size of an existing building is
increased.
9.04.070
907.6.2.2
Emergency
New
Establishes when and where
voice /alarm
the alert tone and voice
communication
instructions shall sound.
system
9.04.070
907.7.3.2
High -rise buildings
New
Establishes what alarm
initiating devices shall have
separate zones.
9.04.070
910.3.2.2
Sprinklered
New
Establishes smoke and heat.
Buildings
vent activation requirements.
9.04.120
4906.2
Zone A
New
Addresses the non -
Combustible
combustible construction in
construction Zone
fuel modification Zone A
Existing but Revised Amendments
9.04.040
307.1.1
Prohibited open
Revises
Adds outdoor fireplaces to this
burning,
existing
section.
recreational fires,
and /or outdoor
fireplaces
9.04.040
318
Geological
Revises
Section number changed and
surveys
existing
added the requirement for
modifications to existing
systems.
ORDINANCE NO. 2011-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AMENDING TITLE 9 OF THE
NEWPORT BEACH MUNICIPAL CODE TO ADOPT LOCAL AMENDMENTS TO THE
FIRE CODE
The City Council of the City of Newport Beach finds as follows:
WHEREAS, the Fire Marshal of the State of California has adopted that certain fire
code, entitled 2010 California Fire Code" based upon the 2009 International Fire Code
published by the International Fire Code Institute, which, with certain deletions,
amendments, exceptions, and additions, and including certain appendices, which apply
only to those occupancies regulated by the California State Fire Marshal, has been
copyrighted and published by the California Building Standards Commission; and
WHEREAS, the Newport Beach Fire Chief finds it necessary to adopt local
amendments to apply regulations reasonably necessary to protect the health, welfare
and safety of the residents and visitors of Newport Beach in those occupancies not
regulated by the California State Fire Marshal; and
WHEREAS, the Newport Beach Fire Chief finds it necessary to amend the previously
adopted "2010 California Fire Code" and "2009 International Fire Code" in order to
maintain consistency between several sections of the 2010 California Fire Code, 2009
International Fire Code and the 2010 California Building Code; and
WHEREAS, Health and Safety Code Sections 13143.5, 17958 18941.5 permit the City
to amend, add, or repeal ordinances or regulations which impose the same
requirements as are contained in the ordinances and regulations adopted by the State
of California, if the City Council makes the express findings pursuant to Sections
17958.5 and 17958.7 of the Health and Safety Code; and
WHEREAS, Health & Safety Code Section 17958.7 requires that the City Council,
before making any changes or modifications pursuant to Section 17958.5, make
express findings that such changes or modifications are needed due to climatic,
geographic, or topographic conditions; and
Amendment of NBMC Title 9, Fire Code
January 11, 2011
Page 5
WHEREAS, the Fire Chief has recommended that changes and modifications be made
to the Fire Code that are reasonably necessary due to the following local climatic,
geographical, or topographical conditions:
A. The City of Newport Beach is located in an area subject to a climatic condition of
high winds. This environment is conducive to rapidly spreading fires, and control
of such fires requires rapid response. Obstacles generated by a strong wind,
such as fallen trees, streetlights and utility poles, may greatly impact the
response time to reach an incident scene.
B. The City of Newport Beach is located in the middle of the seismically active area
identified as Seismic Zone 4. The viability of the public water system would be
questionable, at best, after a major seismic event. This would leave tall buildings
vulnerable to uncontrolled fires due to a lack of available water and an inability to
pump sufficient quantities of available water to floors in a fire. A severe seismic
event has the potential to negatively impact any rescue or fire suppression
activities because it is likely to create obstacles similar to those indicated under
the high wind section above. With the probability of strong aftershocks there
exists a need to provide increased protection for anyone on upper floors of
buildings.
C. Due to the topographical conditions of sprawling development separated by
waterways, narrow and congested streets, and the expected infrastructure
damage inherent in the seismic zone described above, it is prudent to rely on
automatic fire sprinkler systems to mitigate extended fire department response
time and keep fires manageable with reduced fire flow (water) requirements for a
given structure.
D. The City of Newport Beach has several areas with significant growth of wildland
vegetation of a highly combustible nature that could threaten structures and the
surrounding community. That threat, combined with the potential for high winds
described above, warrant additional construction requirements for specific areas
that have increased danger should a fire occur.
Amendment of NBMC Title 9, Fire Code
January 11, 2011
Page 6
NOW, THEREFORE, the City Council of the City of Newport Beach ordains as follows:
SECTION 1. Chapter 9.04 of the Newport Beach Municipal Code is hereby amended as
follows:
Chapter 9.04
FIRE CODE
Sections:
9.04.040 Amendments to Chapter 3 General Precautions Against Fire
9.04.050 Amendments to Chapter 5 Fire Service Features
9.04.060 Amendments to Chapter 6 Building Services and Systems
9.04.070 Amendments to Chapter 9 Fire Protection Systems
9.04.120 Amendments to Chapter 49 Requirements for Wildland -Urban Interface Fire
Areas
9.04.040 Amendments to Chapter 3 General Precautions Against Fire
Section 305 Ignition Sources is amended by adding Sections 305.5 to read as follows:
305.5 Vegetation. Weeds, grass, vines or other growth that is capable of being
ignited and endangering property, or is located within 10 feet (3,048 mm) of a
chimney outlet, shall be cut down and removed by the owner or occupant of the
premises. Vegetation clearance requirements in urban - wildland interface areas
shall be in accordance with Chapter 49.
Section 307.1 .1 Prohibited open burning is amended to read as follows:
307.1.1 Prohibited open burning, recreational fires, and /or outdoor
fireplaces. Open burning, recreational fires, and /or outdoor fireplaces and fire
pits that are offensive or objectionable because of smoke or odor emissions or
when atmospheric conditions or local circumstances make such fires hazardous
shall be prohibited.
Amendment of NBMC Title 9, Fire Code
January 11, 2011
Page 7
Section 318 Geological Surveys is added to read as follows:
SECTION 318 GEOLOGICAL SURVEYS
318.1 General. Development on or near land containing or emitting toxic,
combustible or flammable liquids, gases, or vapors.
318.2 Geological surveys. The fire code official may require the submittal for
review and approval of geological studies, evaluations, reports, remedial
recommendations and /or similar documentation from a state - licensed and
department approved individual or firm, on any parcel of land to be developed
which:
A. Has, or is adjacent to, or within 1,000 feet (304.8 m) of a parcel of land
that has an active, inactive, or abandoned oil or gas well operation,
petroleum or chemical refining facility, petroleum or chemical storage;
B. May contain or give off toxic, combustible or flammable liquids, gases,
or vapors; or
C. Modifications to existing systems.
9.40.050 Amendments to Chapter 5 Fire Service Features
Section 508 Fire Command Center is amended by revising Section 508.1 to read as
follows:
508.1 General. In all buildings having occupied floors located more than 55 feet
(16,764 mm) above or more than 30 feet (9144 mm) below the lowest level of fire
department vehicle access, a fire command center for fire department operations
shall be provided. The fire command center shall comply with sections 508.1.1
through 508.1.5.
Amendment of NBMC Title 9, Fire Code
January 11, 2011
Page 8
9.40.060 Amendments to Chapter 6 Solar Photovoltaic Systems
Section 611 Solar Photovoltaic Systems is amended by adding Section 611.1 to read as
follows:
611.1 General. Solar Photovoltaic Systems shall comply with Newport Beach
Fire Departments Guideline D.04 Fire Safety Elements of Solar Photovoltaic
Systems. The provision of this section may be applied by either the fire code
official or the building official.
9.04.070 Amendments to Chapter 9 Fire Protection Systems
Section 903.2.8 Group R is amended to read as follows:
Section 903.2.8 Group R. An automatic sprinkler system installed in accordance with
Section 903.3 shall be provided throughout all buildings with a Group R fire area as
follows:
1. New buildings: An automatic sprinkler system shall be installed throughout all
new buildings.
2. Existing buildings: An automatic sprinkler system shall be installed throughout
when one of the following conditions exists:
a. When an addition and reconstruction is 2,000 sq. ft. or more of the existing
building area.
b. An addition, when the existing building is already provided with automatic
sprinklers.
Section 907.6.2.2 Emergency voice /alarm communication systems is amended to read
as follows:
Amendment of NBMC Title 9, Fire Code
January 11, 2011
Page 9
907.6.2.2 Emergency voice /alarm communication systems. Emergency
voice /alarm communication systems required by this code shall be designed and
installed in accordance with NFPA 72. The operation of any automatic fire
detector, sprinkler waterflow device or manual fire alarm box shall automatically
sound an alert tone followed by voice instructions giving approved information
and directions for a general or staged evacuation in accordance with the
building's fire safety and evacuation plans required by Section 404. In high -rise
buildings having occupied floors located more than 55 feet (16 764 mm) above or
55 feet (16 764 mm) below the lowest level of fire department vehicle access the
system shall operate on a minimum of the alarming floor, the floor above, and the
floor below. Speakers shall be provided throughout the building by paging zones.
At a minimum, paging zones shall be provided as follows:
1. Elevator groups.
2. Exit stairways.
3. Each floor.
4. Areas of refuge as defined in Section 1002.1.
5. Dwelling units in apartment houses.
6. Hotel guest rooms or suites.
Exception: In Group 1 -2 and R -2.1 occupancies, the alarm shall sound in
a constantly attended area and a general occupant notification shall be
broadcast over the overhead page.
Section 907.7.3.2 High -rise buildings is amended to read as follows:
907.7.3.2 High -rise buildings. In high -rise buildings having occupied floors
located more than 55 feet (16,764 mm) above or 55 feet (16,764 mm) below the
Amendment of NBMC Title 9, Fire Code
January 11, 2011
Page 10
lowest level of fire department vehicle access, a separate zone by floor shall be
provided for all of the following types of alarm- initiating devices where provided:
1. Smoke detectors.
2. Sprinkler water -flow devices.
3. Manual fire alarm boxes.
4. Other approved types of automatic fire detection devices or suppression
systems.
Section 910.3.2.2 Sprinklered buildings is amended to read as follows:
910.3.2.2 Sprinklered buildings. Where installed in buildings provided with an
approved automatic sprinkler system, smoke and heat vents shall be designed to
operate automatically by actuation of a heat - responsive device rated at least
100° F above the operating temperature of the sprinkler, unless otherwise
approved.
9.04.120 Amendments to Chapter 49 Requirements for Wildland -Urban
Interface Fire Areas
Section 4906 is amended to read as follows:
4906.2 Combustible construction in 20 foot "A" Zone. No attached or
detached buildings, patio covers, sheds, decks, stairs, or similar structures
shall be built or placed in the 20 foot setback of the fuel modification zone
unless completely constructed of non - combustible materials.
SECTION 2: If any section, subsection, sentence, clause or phrase of this ordinance is, for
any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or
constitutionality of the remaining portions of this ordinance. The City Council hereby declares
that it would have passed this ordinance, and each section, subsection, clause or phrase
hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses
and phrases be declared unconstitutional.
Amendment of NBMC Title 9, Fire Code
January 11, 2011
Page 11
SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this
ordinance. The City Clerk shall cause the same to be published once in the official newspaper
of the City, and it shall be effective thirty (30) days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City of Newport
Beach, held on the _ day of 201_, and adopted on the _ day of
201_, by the following vote, to wit:
ATTEST:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
MAYOR
CITY CLERK
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
^av unt6 Attorney
PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold .a
public hearing on the adoption of local amendments to the 2010 California Fire Code and the
2009 International Fire Code.
NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on the 11th day of
January, 2011, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City
Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all
persons interested may appear and be heard thereon. If you challenge this project in court, you
may be limited to raising only those issues you or someone else raised at the public hearing
described in this notice or in written correspondence delivered to the City at, or prior to, the
public hearing. For information call (949) 644 -3353.
eila i I. Brown
City Clerk
PROOF OF RECEIVED
PUBLICATION 2011 JAN -6 AN 8: 54
OFFICE OF
THE CITY CLERK
STATE OF CALIFORNIA) CITY OF NRVMRT BEX,'H
) SS.
COUNTY OF ORANGE )
I am a citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years, and not
a party to or interested in the notice
published. I am a principal clerk of the
NEWPORT BEACH /COSTA MESA
DAILY PILOT, which was adjudged a
newspaper of general circulation on
September 29, 1961, case A6214, and
June 11, 1963, case A24831, for the
City of Costa Mesa, County of Orange,
and the State of California. Attached to
this Affidavit is a true and complete copy
as was printed and published on the
following date(s):
January 1, 2011
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Executed on January 4, 2011
at Costa Mesa, California
o
Signat,6-4
NOTICE IS HEREBY
GIVEN that the City
Council of the City of
Newport Beach will hold
a public hearing on the
adoption of local
amendments to the
2010 California Fire
Code and the 2009 In-
ternational Fire Code.
NOTICE IS .HEREBY
FURTHER GIVEN 'that
said public hearing will
beheld on the 11th day
of January, ROIL, at
the hour of 7:00 p.m.
in the Council Chambers
of the Newport Beach
City Hall, 3300 Newport
Boulevard, Newport
Beach, California, at
which time and place
any and all persons in-
terested may appear
and be heard thereon.
If you challenge this
project in court, you
may be limited to rais-
ing only those issues
you or someone else
raised at the public
hearing described in
this notice or in written
Published New
Beach /Costa Mesa
Pilot January 1,;,